In the labor field, it is essential to understand the mechanisms for claiming salaries unduly received by employees. It is perfectly possible for companies to recover these amounts, either during the term of the contract, in the settlement phase or even after its termination.

However, it is crucial to keep in mind that there is a one-year limitation period to make such a claim. This period restarts if the company takes extrajudicial action to recover the funds. Therefore, it is essential to act promptly to avoid losing the right to claim.

It is important to distinguish between cases where the overpayment can be considered a consented salary increase and those where it is not. If it is a more beneficial condition, the company will not be able to claim anything. Therefore, it is essential to verify this aspect before proceeding with the claim.

As for the nature of the claim, it is recommended to make it for the gross amount paid. This is because tax withholdings and Social Security contributions must also be considered. In addition, it is important to inform the employee of the steps necessary to request the return of excess withheld taxes and Social Security contributions.

In summary, claiming unduly received salaries requires a precise and diligent approach on the part of the company. By understanding the limitation periods, the distinction between salary improvements and more beneficial conditions, and the nature of the claim, companies can effectively protect their financial interests.

For any questions, please do not hesitate to contact our labor department at, by phone at +34 93 487 52 00, or by clicking here. We will be happy to help you.